Tuesday, May 12, 2009 Part IV Department of Transportation National Highway Traffic Safety Administration 49 CFR Parts 571 and 585 Federal Motor Vehicle Safety Standards; Roof Crush Resistance; Phase-In Reporting Requirements; Final Rule VerDate Nov<24>2008 15:39 May 11, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12MYR2.SGM 12MYR2 tjames on PRODPC75 with RULES2 22348 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations DEPARTMENT OF TRANSPORTATION approved by the Director of the Federal b. How This Final Rule Differs From the Register as of July 13, 2009. NPRM and/or SNPRM National Highway Traffic Safety Compliance dates: II. Overall Rollover Problem and the Administration Passenger cars and multipurpose Agency’s Comprehensive Response a. Prevention passenger vehicles, trucks and buses b. Occupant Containment 49 CFR Parts 571 and 585 with a GVWR of 2,722 kilograms (6,000 c. Occupant Protection [Docket No. NHTSA–2009–0093] pounds) or less. This final rule adopts III. The Role of Roof Intrusion in the Rollover a phase-in of the upgraded roof crush Problem RIN 2127–AG51 resistance requirements for these IV. The Agency’s Proposed Rule vehicles. The phase-in begins on a. NPRM Federal Motor Vehicle Safety September 1, 2012. By September 1, b. SNPRM Standards; Roof Crush Resistance; 2015, all of these vehicles must meet the c. Congressional Mandate Phase-In Reporting Requirements V. Overview of Comments upgraded requirements, with certain VI. Agency Decision and Response to AGENCY: National Highway Traffic exceptions. Vehicles produced in more Comments Safety Administration (NHTSA), than one stage and altered vehicles need a. Primary Decisions Department of Transportation. not meet the upgraded requirements 1. Basic Nature of the Test Requirements— Quasi-Static vs. Dynamic Tests ACTION: Final rule. until September 1, 2016. Multipurpose passenger vehicles, 2. Vehicle Application SUMMARY: As part of a comprehensive trucks and buses with a GVWR greater 3. Single-Sided or Two-Sided Tests plan for reducing the risk of rollover than 2,722 kilograms (6,000 pounds) 4. Upgraded Force Requirement—Specified and less than or equal to 4,536 Strength to Weight Ratio (SWR) crashes and the risk of death and serious 5. Performance Criteria—Headroom, Platen injury in those crashes, this final rule kilograms (10,000 pounds). All of these Travel, or Both upgrades the agency’s safety standard vehicles must meet the requirements 6. Leadtime and Phase-In on roof crush resistance in several ways. beginning September 1, 2016, with b. Aspects of the Test Procedure First, for the vehicles currently certain exceptions. Vehicles produced 1. Tie-Down Procedure subject to the standard, i.e., passenger in more than one stage and altered 2. Platen Angle and Size cars and multipurpose passenger vehicles need not meet the requirements 3. Testing Without Windshields and/or vehicles, trucks and buses with a Gross until September 1, 2017. Other Glazing in Place 4. Deletion of Secondary Plate Positioning Vehicle Weight Rating (GVWR) of 2,722 ADDRESSES: If you wish to petition for Procedure kilograms (6,000 pounds) or less, the reconsideration of this rule, you should 5. Removal of Roof Components rule doubles the amount of force the refer in your petition to the docket 6. Tolerances vehicle’s roof structure must withstand number of this document and submit c. Requirements for Multi-Stage and in the specified test, from 1.5 times the your petition to: Administrator, Altered Vehicles vehicle’s unloaded weight to 3.0 times National Highway Traffic Safety d. Other Issues the vehicle’s unloaded weight. Second, Administration, 1200 New Jersey 1. Convertibles and Open Bodied Vehicles the rule extends the applicability of the 2. Vehicles Without B-Pillars Avenue, SE., West Building, 3. Heavier Vehicles With a High Height to standard so that it will also apply to Washington, DC 20590. Width Aspect Ratio vehicles with a GVWR greater than The petition will be placed in the 4. Active Roofs 2,722 kilograms (6,000 pounds), but not docket. Anyone is able to search the 5. Whether an Additional SNPRM Is greater than 4,536 kilograms (10,000 electronic form of all documents Needed pounds). The rule establishes a force received into any of our dockets by the 6. Rear Seat Occupants requirement of 1.5 times the vehicle’s name of the individual submitting the 7. New Car Assessment Program (NCAP) unloaded weight for these newly document (or signing the document, if 8. Possible Energy Requirement included vehicles. Third, the rule submitted on behalf of an association, 9. Advanced Restraints requires all of the above vehicles to VII. Costs and Benefits business, labor union, etc.). You may VIII. Rulemaking Analyses and Notices meet the specified force requirements in review DOT’s complete Privacy Act Appendix A—Analysis of Comments a two-sided test, instead of a single- Statement in the Federal Register Concerning Dynamic Testing sided test, i.e., the same vehicle must published on April 11, 2000 (Volume Appendix B—Two-Sided Test Results meet the force requirements when tested 65, Number 70; Pages 19477–78) or you Appendix C—Single-Sided Test Results first on one side and then on the other may visit http://www.dot.gov/ side of the vehicle. Fourth, the rule privacy.html. I. Executive Summary establishes a new requirement for FOR FURTHER INFORMATION CONTACT: For maintenance of headroom, i.e., survival a. Final Rule non-legal issues, you may call space, during testing in addition to the Christopher J. Wiacek, NHTSA Office of As part of a comprehensive plan for existing limit on the amount of roof Crashworthiness Standards, telephone reducing the serious risk of rollover crush. The rule also includes a number 202–366–4801. For legal issues, you crashes and the risk of death and serious of special provisions, including ones may call J. Edward Glancy, NHTSA injury in those crashes, this final rule related to leadtime, to address the needs Office of Chief Counsel, telephone 202– upgrades Federal Motor Vehicle Safety of multi-stage manufacturers, alterers, 366–2992. You may send mail to these Standard (FMVSS) No. 216, Roof Crush and small volume manufacturers. officials at the National Highway Traffic Resistance. DATES: If you wish to petition for Safety Administration, 1200 New Jersey For the vehicles currently subject to reconsideration of this rule, your Avenue, SE., West Building, the standard, passenger cars and petition must be received by June 26, Washington, DC 20590. multipurpose passenger vehicles, trucks 2009. and buses with a GVWR of 2,722 SUPPLEMENTARY INFORMATION: Effective date: The date on which this kilograms (6,000 pounds) or less, the final rule amends the CFR is July 13, Table of Contents rule doubles the amount of force the 2009. The incorporation by reference of I. Executive Summary vehicle’s roof structure must withstand a publication listed in the rule is a. Final Rule in the specified test, from 1.5 times the VerDate Nov<24>2008 15:39 May 11, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12MYR2.SGM 12MYR2 tjames on PRODPC75 with RULES2 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22349 vehicle’s unloaded weight to 3.0 times serious problem of rollover crashes, this Maintaining intrusion limit in the vehicle’s unloaded weight. The rule action, by itself, addresses a relatively addition to new headroom requirement. also extends the applicability of the small subset of that problem. There are In the NPRM, we proposed to replace standard so that it will also apply to more than 10,000 fatalities in rollover the current limit on intrusion (platen vehicles with a GVWR greater than crashes each year. To address that travel requirement) with a new 2,722 kilograms (6,000 pounds), but not problem, our comprehensive plan headroom requirement. For this final greater than 4,536 kilograms (10,000 includes actions to (1) reduce the rule, we are maintaining the intrusion pounds), establishing a force occurrence of rollovers, (2) mitigate limit as well as adopting the proposed requirement of 1.5 times the vehicle’s ejection, and (3) enhance occupant headroom requirement. unloaded weight for these heavier protection when rollovers occur Use of headform positioning fixture vehicles. (improved roof crush resistance is instead of a test dummy. In the NPRM, Under today’s rule, all of the above included in this third category). we proposed to use test dummies as part vehicles must meet the specified force Our analysis shows that of the more of the test procedure for measuring requirements in a two-sided test instead than 10,000 fatalities that occur in headroom. For this final rule, we are of a single-sided test, i.e., the same rollover crashes each year, roof strength using headform positioning fixtures for vehicle must meet the force is relevant to only about seven percent this purpose. requirements when tested first on one (about 667) of those fatalities. We Phase-in. We did not include a phase- side and then on the other side of the estimate that today’s rule will prevent in in the NPRM. For this final rule, we vehicle. The rule also establishes a new 135 of those 667 fatalities. are phasing in the upgraded roof requirement for maintenance of The portions of our comprehensive strength requirements for the lighter headroom, i.e., survival space, during plan that will have the highest life- vehicles previously subject to FMVSS testing, in addition to the existing limit saving benefits are the ones to reduce No. 216, and providing longer leadtime on the amount of roof crush.